26 U.S.C. § 2202 — Untitled legal text

Page 2628 TITLE 26—INTERNAL REVENUE CODE [§ 2202 [amending this section and section 1034 of this title] shall take effect on July 1, 1973.’’ [§ 2202. Repealed. Pub. L. 94–455, title XIX, § 1902(a)(8), Oct. 4, 1976, 90 Stat. 1805] Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 401; June 25, 1959, Pub. L. 86–70, § 22(a), 73 Stat. 146; July 12, 1960, Pub. L. 86–624, § 18(b), 74 Stat. 416, related to the pre- sumption that missionaries duly commissioned and serving under boards of foreign missions are residents of the State or the District of Columbia wherein they resided at the time of their commission and departure for service. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to estates of decedents dying after Oct. 4, 1976, see section 1902(c)(1) of Pub. L. 94–455, set out as an Effective Date of 1976 Amendment note under section 2012 of this title. § 2203. Definition of executor The term ‘‘executor’’ wherever it is used in this title in connection with the estate tax im- posed by this chapter means the executor or ad- ministrator of the decedent, or, if there is no ex- ecutor or administrator appointed, qualified, and acting within the United States, then any person in actual or constructive possession of any property of the decedent. (Aug. 16, 1954, ch. 736, 68A Stat. 401.) § 2204. Discharge of fiduciary from personal li- ability (a) General rule If the executor makes written application to the Secretary for determination of the amount of the tax and discharge from personal liability therefor, the Secretary (as soon as possible, and in any event within 9 months after the making of such application, or, if the application is made before the return is filed, then within 9 months after the return is filed, but not after the expiration of the period prescribed for the assessment of the tax in section 6501) shall no- tify the executor of the amount of the tax. The executor, on payment of the amount of which he is notified (other than any amount the time for payment of which is extended under sections 6161, 6163, or 6166), and on furnishing any bond which may be required for any amount for which the time for payment is extended, shall be dis- charged from personal liability for any defi- ciency in tax thereafter found to be due and shall be entitled to a receipt or writing showing such discharge. (b) Fiduciary other than the executor If a fiduciary (not including a fiduciary in re- spect of the estate of a nonresident decedent) other than the executor makes written applica- tion to the Secretary for determination of the amount of any estate tax for which the fiduciary may be personally liable, and for discharge from personal liability therefor, the Secretary upon the discharge of the executor from personal li- ability under subsection (a), or upon the expira- tion of 6 months after the making of such appli- cation by the fiduciary, if later, shall notify the fiduciary (1) of the amount of such tax for which it has been determined the fiduciary is liable, or (2) that it has been determined that the fidu- ciary is not liable for any such tax. Such appli- cation shall be accompanied by a copy of the in- strument, if any, under which such fiduciary is acting, a description of the property held by the fiduciary, and such other information for pur- poses of carrying out the provisions of this sec- tion as the Secretary may require by regula- tions. On payment of the amount of such tax for which it has been determined the fiduciary is liable (other than any amount the time for pay- ment of which has been extended under section 6161, 6163, or 6166), and on furnishing any bond which may be required for any amount for which the time for payment has been extended, or on receipt by him of notification of a determina- tion that he is not liable for any such tax, the fiduciary shall be discharged from personal li- ability for any deficiency in such tax thereafter found to be due and shall be entitled to a receipt or writing evidencing such discharge. (c) Special lien under section 6324A For purposes of the second sentence of sub- section (a) and the last sentence of subsection (b), an agreement which meets the requirements of section 6324A (relating to special lien for es- tate tax deferred under section 6166) shall be treated as the furnishing of bond with respect to the amount for which the time for payment has been extended under section 6166. (d) Good faith reliance on gift tax returns If the executor in good faith relies on gift tax returns furnished under section 6103(e)(3) for de- termining the decedent’s adjusted taxable gifts, the executor shall be discharged from personal liability with respect to any deficiency of the tax imposed by this chapter which is attrib- utable to adjusted taxable gifts which— (1) are made more than 3 years before the date of the decedent’s death, and (2) are not shown on such returns. (Aug. 16, 1954, ch. 736, 68A Stat. 401; Pub. L. 91–614, title I, § 101(d)(1), (f), Dec. 31, 1970, 84 Stat. 1836, 1838; Pub. L. 94–455, title XIX, §§ 1902(a)(9), 1906(b)(13)(A), title XX, § 2004(d)(2), (f)(4), (6), Oct. 4, 1976, 90 Stat. 1805, 1834, 1870, 1872; Pub. L. 95–600, title VII, § 702(p)(1), Nov. 6, 1978, 92 Stat. 2937; Pub. L. 97–34, title IV, § 422(e)(1), (3), Aug. 13, 1981, 95 Stat. 316.) Editorial Notes AMENDMENTS 1981—Subsecs. (a) to (c). Pub. L. 97–34, § 422(e)(1), (3), struck out reference to section 6166A in subsecs. (a) and (b), and two such references in subsec. (c). 1978—Subsec. (d). Pub. L. 95–600 added subsec. (d). 1976—Subsec. (a). Pub. L. 94–455, §§ 1906(b)(13)(A), 2004(f)(6), substituted ‘‘6166 or 6166A’’ for ‘‘or 6166’’ after ‘‘6161, 6163’’ and struck out ‘‘or his delegate’’ in two places after ‘‘Secretary’’. Subsec. (b). Pub. L. 94–455, §§ 1902(a)(9), 1906(b)(13)(A), 2004(f)(4), (6), substituted ‘‘6166 or 6166A’’ for ‘‘or 6166’’ after ‘‘6161, 6163’’, ‘‘has been’’ for ‘‘has not been’’ after ‘‘payment of which’’, and struck out ‘‘or his delegate’’ after ‘‘Secretary’’. Subsec. (c). Pub. L. 94–455, § 2004(d)(2), added subsec. (c). 1970—Pub. L. 91–614, § 101(d)(1)(A), substituted ‘‘fidu- ciary’’ for ‘‘executor’’ in section catchline.